Will writing

DRS1

spurdog1 said:

What if we both agreed one to the other (no danger of remarrying)... a separate agreed documdnt signed by both (but private) agreing the split oncebot passed?

That would not be a good idea.  If it is that private how will anyone know to implement it?

There are things called secret or half secret trusts which operate in this way but you'd be better just putting it in the will (assuming you know who you want to benefit).

daz378

I paid 180 for a local solicitor  to draw up will...replacing an earlier will few years ago had gone up 30 pound...is a basic will though

boingy

Definitely make use of free wills month, and don't feel pressured into making a charity donation if you don't want to.

AP3

I used a template I found on the internet. Basic "everything to spouse" unless they dies first, in which case "split between relatives" unless they'[re all dead, then a wipeout clause leaving everything to charity. 1 for me, 1 for wife.

Absolutely no issues with it, and was granted probate.

Legally my understanding is that you could just write "If I die, I Ieave everything to my spouse" on a napkin, as long as you sign it in front of 2 witnesses, and they sign it too.

Savvy_Sue

AP3 said:

Legally my understanding is that you could just write "If I die, I Ieave everything to my spouse" on a napkin, as long as you sign it in front of 2 witnesses, and they sign it too.

There is the classic "I leave everything to mother" scenario from many years ago, which ended with a dispute between the testator's mother and the testator's spouse and mother of his children. The testator always referred to both women by the same title. I can't find a reference to this so it may be apocryphal. 

At a minimum, naming the spouse to which are referring is normal - although it is less likely to result in a dispute if you don't, it may still end up not conforming to your wishes. 

YoungBlueEyes

Not apocryphal - https://www.arcadiatrustgroup.com/all-to-mother/

spurdog1

I have not referred to them as "mother father etc", but their full name and current address. Hopefully  that clears any confusion.

AP3

Savvy_Sue said:

AP3 said:

Legally my understanding is that you could just write "If I die, I Ieave everything to my spouse" on a napkin, as long as you sign it in front of 2 witnesses, and they sign it too.

There is the classic "I leave everything to mother" scenario from many years ago, which ended with a dispute between the testator's mother and the testator's spouse and mother of his children. The testator always referred to both women by the same title. I can't find a reference to this so it may be apocryphal. 

At a minimum, naming the spouse to which are referring is normal - although it is less likely to result in a dispute if you don't, it may still end up not conforming to your wishes. 

Yes of course, and the template wills do this. My point was that it can be that simple. The "all to mother" case doesn't really apply unless you can now have multiple spouses!

madbadrob

Just for anyone reading this thread rather than this question specific.


As a probate genealogist I have recent had to deal with estates where self written wills and some from will writing companies have beem deemed unprovable for different reasons.  Therefore I would always reccommend using a solicitor.  If wills are to be simple wills you would be as wise to use the free will writing months ( usually means a donation to a charity or leaving them a legacy) as these are written by solicitors.

On another note mirror wills are not always the best.  They rely on the surviving partner to not change their will on death of the first part.  So it may end up with what you wished not going to where you would have liked.  These difficulties tend to appear in families where second marriages have occurred and there being children from both previous marriages.  One I heard of in the last few weeks was the father of 3 children left a mirror will but the step mum at sometime after the death of her husband changed her will leaving the whole estate to her only child. 

Rob